Terms of Service
Copyright © Demetris Demetriou. All Rights Reserved.
All other trademarks and/or copyrights are the property of their respective legal owners.
In these Terms of Service:
"The Provider" means Demetris Demetriou.
"The Customer" and/or "Customers" means the person and/or persons, whether natural, incorporated, unincorporated or otherwise, who hold/s one or more account/s and has agreed to these Terms of Service by way of ticking the acknowledgement of reading of these Terms of Service before ordering The Provider's services.
"International Network" and/or "Internet" and/or "web" and/or "network" means the network of interconnected computer systems governed by the TCP/IP protocol and/or other networking protocol/s.
"account" means the account/s that is/are currently held with The Provider, and/or that are to be held with The Provider, in the name of The Customer who requests such accounts by an application and/or notification by The Customer to The Provider from time to time. This account shall be accessed and/or connected through the Internet, only by the authorized user to whom The Provider has granted such an authorization.
"login credentials" means the username/s and/or password/s needed for the succesful log in to our systems.
"at" means @. This is a necessary measure to prevent SPAM to our email addresses.
"service" and/or "package" and/or "plan" means The Provider's service and/or product offerings, as stated on The Provider's website/s.
"website" means the electronic web page hosted at one or more servers, and made available through a computer network.
"username" means the username assigned to the user by The Provider.
"password" means the password assigned to the user by The Provider.
"email" means electronic mail.
1) This Terms of Service Agreement is between The Provider and The Customer who uses any of the products and/or services provided by The Provider. The present agreement is for an unlimited period of time.
2) The Provider's services and/or products are offered for use by The Customer subject to the Terms of Service that The Provider shall from time to time adopt and notify The Customer by any manner that The Provider deems appropriate.
3) The Customer is responsible for all acts or omissions by The Customer and/or computer systems accessing any of the services and/or products offered to The Customer.
5) The Provider reserves the right to charge any and all expenses necessary for the correct function of the account, to The Customer. The correct function of the account will be only be determined by The Provider. The Provider reserves the right to charge overage charges as specified on The Provider's website/s.
6) The Customer is responsible for all fees owed on the account from the time it was established to the time that The Customer notifies The Provider to request for termination of services. Any account not updated within one month (30 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.
8) All accounts are set up on a pre-paid basis.
9) The Provider reserves the right to change price/s of product/s and/or services at any time.
10) Payments must be made in Euro which is the official currency of the Republic of Cyprus. The Provider may at his absolute discretion accept payments also in other currencies.
11) The Customer's particular billing cycle corresponds to the contract length that was initially chosen at setup. The Customer's account will automatically renew at this length unless canceled before hand.
12) If The Customer cancels an account on the monthly billing cycle, The Provider cannot refund any payments made before that month.
30 day Money Back Guarantee
13) The Customer is entitled to claim a 30 day-money back guarantee providing:
- a) The claim is made during the first 30 days of using The Provider's services.
- b) The Customer is in compliance to The Provider's Terms of Service.
14) All payments are non refundable once the 30 day money back guarantee has passed.
15) The Provider's special promotions are excluded from the 30-day money back guarantee.
16) If a domain name registration and/or renew and/or transfer was included as part of the plan, the value of this domain name registration and/or renew and/or transfer will not be refundable.
17) No refunds will be made if an account termination is due to violation of our Terms of Service.
Cancellation, Suspension and Early Termination
18) Customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who exceed their account limits will be sent an email with the option to either upgrade their account or reduce bandwidth consumption and/or storage. If Customers continue to exceed their limit as aforesaid, The Provider will take all necessary measures to prevent such abuse. The Provider reserves the right to suspend and/or ban and/or terminate account/s for continuous problems. The Provider reserves the right to delete and/or alter any and all file/s and filename/s responsible for such a problem. The Provider reserve the right to null route IP addresses (making them unavailable for use) and/or disconnect computer systems from any and all networks under The Provider's control, for the safety of The Provider's network/s and/or computer systems and/or Customers.
19) Account cancellation requests should be made to The Provider via email and/or our support ticket system at billing_at_dezillium.com.
20) The Customer agrees that The Provider may suspend and/or terminate services to the Customer WITHOUT PRIOR WARNING AND/OR PRIOR NOTICE AND WITHOUT LIABILITY if:
- a) The Provider reasonably believes that the services are being used in violation of the Terms of Service;
- b) The Customer fails to cure the violation within twenty-four (24) hours of a written notice from The Provider describing the violation in reasonable detail;
- c) The Customer fails to cooperate within twenty-four (24) hours with any reasonable investigation of any suspected violation of the Terms of Service;
- d) The Provider reasonably believes that the suspension of service is necessary to protect its network or its other customers;
- e) upon five (5) days notice if The Customer is overdue on the payment of any amount due under the Agreement;
- f) The Customer's billing and/or contact information are not accurate;
- g) as requested by a law enforcement or regulatory agency;
21) Either party may terminate this Agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
22) The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if The Provider fails in a material way to provide the service in accordance with the Terms of Service and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail.
23) Any and all successful and/or unsuccessful attempts to reduce the processing ability of our systems including, but not limited to, processing capacity, network bandwidth capacity, undermine and/or cause harm to a computer system, server, webpage, network, network equipment and/or cause harm to The Provider's customer/s, computer processing abuse and/or disk space abuse and/or network bandwidth abuse and/or spam and/or security hole scanning (vulnerability scanning) and/or unauthorized account usage is strictly prohibited. The Provider will be the sole arbiter as to what constitutes abuse. The Provider reserves the right to amend this paragraph WITHOUT PRIOR NOTICE to The Customer.
26) The Provider takes a zero-tolerance approach to abuse and any abuse by The Customer, will result in action against The Customer. Possible actions include warnings, account suspension and/or banning and/or cancelation, as well as civil and/or criminal legal action, depending on the seriousness of the attack.
27) The Customer may not run IRC, bots or clients on shared servers. Unacceptable use/s of any of our products and/or services also include/s, but are NOT limited to: online casinos, gambling systems, bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), material containing obscene nudity, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial and/or registration numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All), material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity, promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, material that exploits children under 18-years of age, bulk mailing of commercial advertising, informational announcements, charity requests and petitions for signatures and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain), forging, altering or removing electronic mail headers, sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"), and/or anything else determined by The Provider to be unacceptable use of our services including abuse of server resources. The Provider reserves the right to amend this paragraph WITHOUT PRIOR NOTICE to The Customer.
28) If The Customer uses the services of another provider to promote a website hosted by or through The Provider ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
29) Abuse claims by third parties must be made in a written report of the problem to abuse_at_dezillium.com. The Provider reserves the right to refuse to cooperate with an abuse claim if such a claim is unlawful and/or found by The Provider to be untrue.
30) All web applications and/or scripts that are out-of-date and actively being exploited will be shut down immediately WITHOUT PRIOR WARNING AND/OR PRIOR NOTICE AND LIABILITY. The Customer is responsible for and should evaluate his/her web-based applications and scripts on a regular basis to ensure their security and orderliness, including keeping them up to date. The Provider reserves the right to update and/or upgrade, any and all web applications and/or scripts and/or software and/or hardware. The Provider shall not be held responsible for any liability and/or damage caused by any such update.
31) The Provider reserves the right to refuse an account upgrade if The Provider believes that such an upgrade is unnecessary and/or in violation to our Terms of Service.
32) Material accessible to The Customer through The Provider's services may be subject to protection under the Republic of Cyprus or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, The Customer must not use The Provider's servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the The Provider's network.
33) The Customer may not use The Provider's network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for The Customer, logging into a server or account The Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. The Customer may not attempt to interfere or deny service to any user, host, or network unless such an attempt is for The Customer's own security purposes. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. The Provider will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
34) Except as provided by applicable Law, The Provider at any time and at The Provider's absolute discretion, may refuse to receive and/or execute any instructions and/or provide any information and/or provide any service to The Customer. The Customer may only use The Provider's services and/or products for lawful purposes and The Provider's services may not be used for illegal purposes or in support of illegal activities. The Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
35) If illegal content or usage is found, The Customer's account will be suspended and/or terminated. The Customer agrees that The Provider may disclose any and all personal information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without prior and/or further consent and/or notification.
36) In the event of a dispute between The Provider and The Customer regarding the interpretation of these Terms of Service, The Provider's commercially reasonable interpretation of these Terms of Service shall govern.
Updates to these Terms of Service
37) The Provider reserves the right to amend these Terms of Service at any time to meet web hosting standards and laws. Amendments to the Terms of Service are effective on the earlier of The Provider's notice to The Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.
38) The Customer represents and warrants to The Provider that information provided and/or will be provided by The Customer for purposes of establishing and maintaining the service, is accurate. If The Customer is an individual, The Customer represents and warrants to The Provider that The Customer is at least 18 years of age. The Provider may rely on the instructions of the person listed as the Primary Customer Contact on the account until The Customer has provided a written notice changing the Primary Customer Contract.
39) Customer/s are responsible for the safety of their provided login credentials and/or other information. The Customer/s must do everything in their power to ensure such safety and prevent disclosure of the login credentials and/or other information to third parties. A failure to provide reasonable safety to login credentials and/or other information is a violation of these Terms of Service and may result in the immediate suspension and/or ban and/or termination of the account.
40) Customer/s that believe his/her account/s has/had been compromised are responsible for the IMMEDIATE NOTIFICATION to The Provider through the support ticket system and/or email to abuse_at_dezillium.com. Failure for such notification constitutes a violation of these Terms of Service and may result in the immediate termination of the account.
41) The entire contents of the The Provider's website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is The Provider, its affiliates or other third party licensors. All other trademarks and copyrights are the property of their registered owners. The Customer MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. The Customer may print and download portions of material from the different areas of the Site solely for The Customer's non-commercial use provided that The Customer agrees not to change or delete any copyright or proprietary notices from the materials.
42) The Customer agrees to grant to The Provider a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to The Provider, by all means and in any media now known or hereafter developed. The Customer also grants to The Provider the right to use The Customer's name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. The Customer agree that The Customer shall have no recourse against The Provider for any alleged or actual infringement or misappropriation of any proprietary right in The Customer's communications to deZillium.
43) The Provider provides a 99.9% uptime guarantee that applies to any Customers in good financial standing with The Provider at the time of a service outage.
44) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS for SHARED HOSTING PLANS ONLY: The Provider endeavors to have the content of The Customer's website available for http access by any party in the world 99.9% of the time. Network downtime ("unavailability") is defined as 100% packet loss from The Provider to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via The Provider's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started via an email to support_at_dezillium.com
45) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS for CLOUD PLAN and/or DEDICATED SERVER PLAN and/or VIRTUAL PRIVATE SERVER PLAN and/or COLOCATION PLAN ONLY: The Provider endeavors to have the computer system whether physical or virtual available for network access by any party in the world 99.9% of the time. The availability is to be determined by network connections including but not limited to ping, traceroute, and other means of checking that a computer system is online and functional, by The Provider. The Provider reserves the right to make use of a firewall or otherwise system to prevent unauthorized access to any and all of the systems under its control. Such a firewall system or otherwise prevention of access shall not be a violation of the network availability. Downtime is measured past 10 minutes after notification of network failure via deZillium's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started via an email to support_at_dezillium.com
46) The Provider will determine the end of the downtime by a traceroute and/or ping and/or other means of checking for computer network availability to The Customer's webpage and/or machine from outside The Provider's network.
47) In the event that the user's website and/or cloud and/or dedicated server and/or virtual private server and/or colocated system is unavailable for less than 100%, The Provider will credit the following renewal's service fee as follows. The Customer's credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - The Customer's account will be credited 10% of your monthly fee
- 90% to 94.9% - The Customer's account will be credited 20% of your monthly fee
- 89.9% or below - The Customer's account will be credited 50% of your monthly fee
48) Credit shall NOT be provided to The Customer in the event that The Customer's services have any outage resulting from:
- a) scheduled maintenance as posted from time to time at status.dezillium.com and/or other means of communication including but NOT limited to email, electronic and/or electromagnetic means of transfer of voice and/or video,
- b) The Customer's behavior or the performance or failure of The Customer's equipment, facilities or applications,
circumstances beyond The Provider's reasonable control, including, without limitation, acts of any governmental body, war, coup, insurrection, sabotage, embargo, thunderstorm, solar storm, meteorite impact, space debris impact, hurricane, tornado, fire, earthquake, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability and/or interruption and/or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer failure, failure of third party software or hardware or inability to obtain raw materials, supplies, equipment or power needed for the provision of The Customer's service,
- c) The Customer violating The Provider's Terms of Service.
Technical Support Boundaries
49) The Provider provides technical support for The Customer that encompasses within The Provider's area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of The Provider's control panel interface, servers and/or networks within The Provider's immediate responsibility and any other hosting related issues.
50) Under no circumstances is The Provider obligated to help The Customer in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been previously modified by The Customer, or are outside of The Provider technical expertise.
51) The Customer agrees to indemnify and hold harmless The Provider, The Provider's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of The Customer's services in violation of applicable law or the Terms of Service by The Customer or any person using The Customer's log on information, regardless of whether such person has been authorized to use the services by The Customer.
52) The Customer AGREES TO DEFEND,INDEMNIFY AND HOLD HARMLESS The Provider AGAINST LIABILITIES ARISING OF:
- a) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS AND/OR SERVICES SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH The Provider.
- b) ANY MATERIAL SUPPLIED BY The Customer INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY - c) COPYRIGHT INFRINGEMENT AND
- d) ANY DEFECTIVE PRODUCTS AND/OR SERVICES SOLD The Customer BY The Provider.
Disclaimer of Warranties
53) The Provider does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law The Provider disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
54) Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
55) Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of The Provider and any of its employees, agents or affiliates, to The Customer, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by The Customer for one (1) months service.
56) The Customer agrees to maintain a current copy of all content hosted by The Provider not with standing any agreement by The Provider to provide backup services. The Provider is not obligated to make a backup copy unless otherwise stated by The Provider.
57) The Customer expressly
- a) grants to The Provider a license to backup the entirety of The Customer's website and/or account and/or cloud and/or dedicated server and/or virtual private server and/or colocated system, including content supplied by third parties, hosted by The Provider under this Agreement and
- b) agrees that such backing up is not an infringement of any of The Customer's intellectual property rights or any third party's intellectual property rights.
58) The Provider reserves the right to restore a backup without prior notice to The Customer if such a restore is necessary for the correct function of the account.
59) The Provider reserves the right to deny to restore a backup if The Provider believes that such a procedure will violate these Terms of Service.
Changes to The Provider's network
60) Upgrades and other changes in The Provider's network and/or computer systems, including, but not limited to changes in software, hardware, and service providers, may affect the display or operation of the user's hosted content and/or applications. The Provider reserves the right to change its network in its commercially reasonable discretion, and The Provider shall not be liable for any resulting harm to user.
61) Notices to The Provider under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail and/or other means of communication including but not limited to postings on other sites (for example blog.dezillium.com) and/or other forms of communication such as electronic and/or electromagnetic means of transmission of voice and/or video to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The Customer may change his or her notice address by a notice given in accordance with this paragraph.
62) The Provider shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The Provider's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
63) The Provider and The Customer shall take all reasonable measures to ensure that differences between The Provider and The User are resolved in an amicable manner.
64) The Agreement shall be governed by the laws of the Republic of Cyprus, exclusive of its choice of law principle. The Courts of the Republic of Cyprus will have non-exclusive jurisdiction to determine any dispute arising hereunder. The Provider reserves the right to take legal action against any Customer, if The Customer is found to be in violation of these Terms of Service. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
65) Regardless of the place of signing this agreement, The Customer agrees that for purposes of venue this contract is entered in Nicosia, Republic of Cyprus, and any dispute will be litigated or arbitrated in the Republic of Cyprus. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Republic of Cyprus courts. IN NO EVENT SHALL The Provider'S MAXIMUM LIABILITY EXCEED THE MAXIMUM AMOUNT PAYABLE BY CUSTOMER FOR ONE (1) CALENDAR MONTH OF SERVICE.
66) Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on The Provider unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. The Customer may not transfer the Agreement without The Provider's prior written consent. The Provider's approval for assignment is contingent on the assignee meeting The Provider's credit approval criteria. The Provider may assign the Agreement in whole or in part. This Agreement together with the Order and Terms of Service constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
67) The Provider is under no duty, and does not by these Terms of Service undertake a duty, to monitor or police The Customer's activities and disclaims any responsibility for any misuse of The Provider's network and/or systems.
Promotional Rates & Special Offers
68) The Provider may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for The Customer's Services. Any such promotions or modifications shall not effect The Customer's obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
69) The Customer will be solely responsible for the development, operation and maintenance of The Customer's online store and products along with all content and materials appearing online or on The Customer's products and/or services, including without limitation:
- a) the accuracy and appropriateness of content and materials appearing within the store or related to the user's products,
- b) ensuring that the content and materials appearing within the store or related to the user's products do not violate or infringe upon the rights of any third party, and
- c) ensuring that the content and materials appearing within the store or related to the user's products are not libelous or otherwise illegal. The Customer will be solely responsible for the final calculation and application of shipping and VAT. The Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
70) The Customer is also responsible for the security of any customer credit card numbers and related customer information The Customer may access as a result of conducting electronic commerce transactions through The Customer's website and/or computer system. The Customer will keep all such information confidential and will use the same degree of care and security as The Customer uses with his/her confidential information.
Static & Dynamic Content Caching
71) The Customer expressly
- a) grants to The Provider a license to cache the entirety of The Customer's website, including content supplied by third parties, hosted by The Provider under this Agreement and
- b) agrees that such caching is not an infringement of any of The Customer's intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
72) The Provider shall maintain and control ownership of all IP numbers and addresses that may be assigned to The Customer. The Provider reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration and Transfer
73) The Customer agrees to pay The Provider prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the The Provider's price schedule for the initial registration of the domain name and, should The Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if The Customer's domain name registration is suspended, canceled or transferred prior to the end of The Customer's then current registration term. The Provider reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The Customer's requested domain name will not be registered unless and until The Provider receives actual payment of the registration fee, and have confirmed The Customer's registration in an email from The Provider to the email address indicated in The Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by The Provider) in connection with the payments of the registration fee for The Customer's domain name registration, The Customer agrees and acknowledges that the domain name registration shall be transferred to The Provider as the paying entity for that registration to the registry and that The Provider reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. The Provider will reinstate The Customer's domain name registration solely at The Provider's discretion, and subject to receipt of the initial registration or renewal fee and The Provider's then-current reinstatement fee.
74) The Customer agrees to pay The Provider prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in The Provider's price schedule for the initial transfer request of the domain name. The Customer agrees and acknowledges that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- a) No response from the Registered Name Holder or Administrative Contact
- b) Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- c) Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
75) The Customer agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and that The Provider will not be held liable for the failure of a domain name transfer for any reason.
77) Emails and/or calls and/or other methods of communication including verbal communication between the user/s and The Provider may be recorded and may be stored for a maximum time of 6 months for further evaluation. This is to ensure the continuous improvement of customer services.
78) The Customer agrees to allow The Provider to access The Customer's website and/or server without prior notification to The Customer. This is to ensure that The Provider can perform periodic checks for the violation of any Terms of Service.